A) First Issue: 1. My grand parents property had been partitioned by my father and his 3 brothers after my grand parents death. Partition was registered in 2009. 2. Now, he is selling some of that property (agricultural land) to a buyer along with neighbour farmers. Buyer has given initial amount to farmers. Buyer filled the land with mud and now making roads for dividing plots for sale. Buyer will give money after sale of plots. 3. My father is willing to sell this without my consent. Is it allowed? As the agricultural land is from my parents, am i eligible for claiming it? For information: My father has 2 sons and one daughter. Others in the family are willing to sell with out my consent. B) Second Issue: 1) I started working from 2004 as a SW employee and took care of my parents and brother in Hyderabad for 8 years. 2) I gave all my earned money to my father for savings, to construct another floor to the existing house and also to buy agricultural land. 3) Agricultural land should have been registered on my name but due to some unforeseen conditions, it was registered on my father name. a) For one acre, the sellers passbooks were not ready. But I need to travel Germany with office work. But my father withdraw from my account and paid it to sellers. b) For another 0.5 acre, I withdraw money from my account and gave it to him. He told me that he will arrange everything and call me for registration. But he registered that land on his name. As a elder family member, I questioned this but with mother interrupts I didn't force it. 4) Now he is selling 0.5 acre which was bought by me. Can I claim it or not? I have all Bank statements with me. Note: I am residing in Hyderabad and my parents are residing in hometown along with younger brother's family. The disputed land is from Andhra Pradesh.
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Once partition has taken place between father and his brothers then it would be your father self acquired property and he is at liberty to sell property without consent of his children
2)you have to file declaratory suit that you are absolute owner of 0.5 acres of land
3) seek injunction restraining sale of property by your father
Firstly yes the father can sell it without your consent it is partitioned property and as good as self acquired.
No consent from you or other siblings is required.
Secondly goes you can file a declaration suit for the portion you paid for and registered in father's name you need proof of payment and suit has to be filed at place where property is situated.
He can't sell it without your consent it's illegal. You can even challenge the sale deed & cancel the same
You have no claim in your father life time. Due to partition, it is self acquired property.
And land which is purchase by your contribution , you can claim ownership of those land by filling declaration suit and can also get injunction order against sale of land.
Suit will file where land in situated.
1.your father can sell without consent of sons or daughter.
2.being your father's inherited property inherited from his father, the property shall be your father's own and absolute property. Hence he can very well deny any claim made by anyone in this regard.
He can sell his own property to anyone of his choice and he no need take the consent from your mother or you or from your sister.
3.If you have transaction detail then you can claim.
4.consult a local property lawyer in this regard.
A Since this property is the share of your father out of his father's proeprty, it becomes his own and absolute property hence he need not take your permission or anyone's permission to sell the property to anyone of his choice or in any manner.
B Even though it was your fund that he purchased that 0.5 acre of land, since it is registered on his name, he becomes the absolute owner of the same hence you cannot claim anything over it legally.
Dear
Yes your father can sell the land without your consent as after registered partition of property The property is deemed to be your father's self acquired property.
you can file a declaratory suit for the land purchased by your father and brother by your money and also file a Injunction suit for restraining your father and brother from selling the property.
